The SFA Judicial Panel Disciplinary Tribunal sit for the first time today to examine Rangers Uefa licence application in 2011, the subject of which was picked up by the ‘Res 12’ group of Celtic shareholders. This application was made under Craig Whyte’s memorable tenure which saw the club withhold tax payments before the eventual appointment of liquidators.
Evidence of what took place was eventually heard in open court, at Whyte’s trial in Glasgow last year. Rangers did not declare to the SFA they failed to make tax payments and should not have been granted a Uefa licence. As a consequence, Celtic, who finished second in the league that year, were denied a chance to participate in the Champions League qualifiers.
So far, so clear, but then the matter becomes subject to issues not heard in court, specifically the Five Way Agreement between the SFA, the (now defunct) Scottish Football League, the Scottish Premier League (now the Scottish Professional Football League), oldco Rangers (now also defunct) and Sevco Scotland (now newco Rangers).
This Agreement gave Sevco Scotland associate membership of the SFA and a place in the Scottish Football League in return for accepting some, though not all, of Rangers football penalties. Newco When the SFA announced this Tribunal, Newco did not contest the guilt of Oldco, instead suggesting they had agreement of immunity on this matter. The SFA clearly believe differently.
The Judicial Panel will first decide on its competency to hear the matter, based on whatever partial immunity Charles Green secured for Newco in 2012. If the terms of the immunity is not sufficient to exempt the worst excesses of Craig Whyte, the panel’s punishment of Oldco will apply to Newco.
The extent of this one is significant, effectively cheating to gain entry to the Champions League. I expect nothing less than a multi-year ban from European competition.
You will notice people switch seats of the Newco/Oldco debate with this subject.
Craig Whyte appointed administrators who would release the name ‘Rangers’ and associated intellectual property to Newco, unlike administrators at Airdrieonians in 2002, who refused the then Clydebank to rename themselves Airdrieonians. The name was subsequently changed to Airdrieonians in 2013.
Whyte’s plan was to buy the brand name from Rangers administrators and put the Scottish football authorities on the spot. In buying the assets from the administrators, Green had control of the name by the time of the Five Way Agreement, and he accepted some liabilities as a price for entry on the nod into Scottish football.
This resulted in a debate that will never end. Newco claim continuity with Oldco when selling tickets, but not so much at times like this. No ‘Say No to liquidation’ banners were noted in the asset register.
Green claimed Sevco Scotland “bought the history” from administrators Duff and Phelps (you will not be surprised to learn ‘the history’ was not on the asset list purchased). Now lawyers for Green’s one-time rival for Oldco’s assets will try to fortify his work.
We’ll see if Dave King’s recent sabre-rattling has been effective.
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A lengthy ban, The Busted Flush in custody, some hefty padlocks around the Edwardian Toilet Block entrance and a public acceptance that it’s a new klub will suffice, for now……..
…..and when can we get at Grimmond McCrummoch and Brandy Syphon?
https://store.celticfc.net/catalogsearch/result/?q=+towel
Beach towels
Timbhoy 2
Thanks, the superstore only have 2 and they dont look as nice as the ones on amazon, no crest, not as colourful. Still at least they have stock
Sally ‘if they want to win this they will need to find a goal from somewhere’ – no shit sherlock
1-0 Peru
BTW – they’ll need to find 2 goals from somewhere
32degC – Scorchio way down south
SOT (Stoke on Trent)
Great bit of close control from Tom – but should have passed it
Tom having a great patch
Rogic integral to everything that’s good going forward for Australia, hasn’t wasted a pass. Unlucky not to score.
Badly needs some help from his teammates here.
HH
Good Afternoon All.
The old body clock is not fully back to what it should be after the Malawi adventure – about which I have to do an update as there are clear things that Celtic fans should know.
However, the last couple of days have been spent considering things re the Hampden hearing scheduled for this evening.
First of all, yes, note that the hearing commences this evening and not during normal working hours. I have to question whether or not a national football association should be holding such proceedings outwith normal business hours? Does that send out the right message?
The hearing will be chaired by a legally qualified chairman with wingmen. There might be more than one legally qualified person on the panel, and indeed there might me more than three people on the panel altogether. We will have to wait and see.
A few years ago, the whole disciplinay process was shaken up and various people were appointed to the list of potentially available panel members who would hear such charges. This was meant to make the whole process more independent and indeed transparent.
However, not too long ago someone within Scottish Football just happened to mention to me that it was strange that despite there being a large list of “potential panel members” the same faces kept showing up!!
I believe that this was raised and perhaps that is why a few months back all potential panel members were written to with a view to checking their ability for proceedings that were coming up in the near future?
Bringing the charges will be Tony McGlennan the SFA Compliance Officer. It was he who prepared the report recommending that the charges proceed.
Yes he has resigned from his position, but he is currently working his notice period before returning to mainstream legal practice I believe.
He wasn’t in his office yesterday evening when I was over at Hampden but he has been appraised of the documents which were delivered yesterday and which have been the subject of correspondence and telephone conversations with a leading form of Internationla Lawyers this morning.
Part of the conversation revolved whether or not these documents were pertinent to this evening’s hearing.
There is no doubt that they are of significant import, should be before the tribunal and may well give the current or future SFA officials some pause for thought and possibly a little work to do.
An accompanying letter also asked some simple questions. Simple answers such as “yes” and “no” will suffice in the reply.
I expect this evening’s meeting to be inconclusive and to be adjourned to another day (or evening) as there will be substantial preliminary matters to determine — such as just who is going to answer to these charges and comply with any sanction should there be one?
Alas, I can’t agree with those who argue that there is no appetite for a proper sanction in the event of culpability being determined in any shape or form.
Part of my reasoning for that view is that UEFA have moved on and have a standard way of dealing with similar situations by way of fines and penalties against the clubs concerned. Standard means standard.
UEFA regulations are alive to the — possibility — that national associations and even Tax Authorities might be tempted from time to time to help out a struggling club by being lax in their enforcement procedures.
In such circumstances UEFA are free to, and have threatened to, sanction the National association and ALL the teams under their jurisdiction, and so it is not in the interests of member clubs who qualify for European competition or the National Association of which they are a member and which represents them, to protect one rogue club should that be established.
Not only that, none of the clubs in Scotland can afford a Scottish wide European football sanction.
Further, some club officials are now alive to what was going on in 2011 and are not best enamoured with the conduct shown by the offending party then, or their successors now.
While there are no guarantees as to what will happen, there is only one thing that is certain and that is that no one in this long running farce can afford to produce a fix which is based on statements which can and will be shown to be completely false and ficticious.
That is how we arrived at where we are now, and why Mr McGlennan has some additional reading to do today when he goes into his office.
Further reading can be supplied to him or his successor if necessary – although the SFA have the ability to get all of that from the horse’s mouth as opposed to relying on hand delivered lawyers letters.
As we approach the end of June, I am off for the annual mayhem of Tuscany which involves sitting on a seat in the sun and possibly remaining awake for at least a couple of hours at at time – although that is neither guaranteed nor compulsory.
I normally return in time for August — though that too is not guaranteed.
Either way — we know.
We all know.
BRTH (and others)
Dbhoy
Nearly had 7 IAR
Rogic hasn’t wasted a pass and has been integral to any good forward play they manage to produce. Unlucky not to score.
Badly needs some help from his teammates here.
HH
Jaysus if I could spell I would be dangerous!
Gene
7iar is so last season:)))
Rogic has won possession a few times as well, very impressed by the big man though not too surprised he’s showing well, quality player
HH
I am having a lot of difficulty getting on to CQN. Am I the only one?
PARKHEADCUMSALFORD
Same here, very slow in refreshing, thought it was my iPhone/timternet connection :)
Gladit’snotjustme.com
HH
Here in the USA the Australia v Peru game being spoiled by two clueless Hispanic commentators.
One is totally obsessed with EPL so constantly raving about Jedinak and Mooey and wanting Cahill on.When Rogic set up what should have been an equalizer with a beautiful defense splitting pass he credited it to Jedinak who was stuck wide right on the other side of the field.
This is what will happen “there was mis-understanding of rules” “Taken at face value” ” No deliberate intention to deceive” ” No advantage” – No action to be taken but lessons to be learned to make rules clearer. Now lets go down the lodge
BRTH
Thanks for ur take ,& enjoy your well earned.
Lets hope the correct course is followed.
HH
Large delivery of paint being unloaded at Hampden.
2-0 Peru
Big T can rest now
Gutted for Australia
2-0 Peru :((
Well, it looks like we’ll be having Tom Rogic home shortly. Sad for him. Happy for us. He is a class above the other Australians, imo.
Australia much more dangerous from set-pieces with Cahill on the pitch. Similar to Larsson in stature and heading ability imo.
Great player for the Aussies, would like to see him get one
HH
The sleekit one so obviously reluctant to give big Rogic ( who’s been MOTM for Australia so far imo ) any praise in his commentary, pwick
HH
Great pass Rogic, again let down by his teammate who can’t centre to an unmarked Cahill :(
Rogic subbed for Irvine. Well played big chap
HH
Thanks Starry Plough
Australia look clueless.
Why take off your only creative player when you need goals?
Especially straight after Rogic had split defense wide open with a great ball only for an idiot to muff the cross on what should have been a tap in for Cahill.
Coach seems devoid of any ideas.
Maybe the ‘stop Celtic’ play is in. This involves demonstrating total incompetence by the SFA (I know) and uefa applying a 5 year competition ban on all clubs.
Is that the ‘leveller’ being sought?
What do you mean I’m paranoid?
HH
Dbhoy
Fully agree with your commenst about Tom Rogic.
Other than him, Australian team are fit & game but not much else.
TR has shown enough to stimulate interest from suitors.
If the Ozzies had used him more in earlier games who knows…
Fanatic
The Hispanic eejits commentating manage to make the other eejits sound acceptable.
FoxSport seem more intersetd in having panles that tick every demographic than having pundits with ability. Lallas is awful & tends to psoil any panel he’s on. Thought Ian Wright was going to banjo him after the England game.
BRTH
Thanks for the update on the after hours panel tonight.
Enjoy Tuscany after your Malawi adventures.
HH to all.
I’ve only seen the Australia match since Tom was getting subbed.
Sally co comentating was enough as well as the commentator mispronouncing Jackson Irvine’s surname with that nauseating pile of blubber co commentating not correcting him.
Sky sevco news reporters excel in not pronouncing Scottish surnames Mackay/McKay and Maclean/mcLean. To me another sign of their laziness and disrepect towards Scots. The other day they posted a picture of Dedryck in a Man City strip.
I now know less about football thanks to listening to the footballing sage McCoist
HH
I missed out properly after pronouncing in my last post.
Brogan, you will need a Tuscan break after all your , the other foundation volunteers plus those from other Scottish organisations efforts , helping in other parts of Malawi.
Thank you
Didn’t watch either of this afternoon’s delights.Guy on the radio news watched Denmark v France .—–
“I got paid for suffering that -I kept myself sane by thinking about those who paid to watch it.”